Your new inventions can be worth a great deal if you safeguard them properly. Protecting your intellectual property (IP) assets is of paramount importance in everyday business if you wish to deter others from copying your new technology. Lawrence Smith-Higgins from the What is the Key? intellectual property awareness campaign explains what inventors need to know to protect their invention.

What is a patent?

When it comes to novel products and processes, patent protection is what is required. You do not have to apply for a patent to protect your product or processes; you could rely on keeping the information confidential. But without a patent you would lack the right to stop others from making, selling or importing the product or process you have developed. A patent grants you the right to prevent anyone from making, using, selling or importing your invention for up to 20 years.

What can be patented?

To be worthy of patent protection an invention must have a practical application, not be obvious when compared with existing products or processes, must be novel and not specifically excluded from patent protection.

What are the benefits of patenting an invention?

In addition to giving you the exclusive rights to a new product or process, a patent, once granted, could be licensed to other firms. Licensing patents can leads to broader distribution, and hence market acceptance, of your technology.

How can you check whether your invention is novel?

A very common error is to become so single?minded about your own invention that you neglect to find out at the earliest possible moment what has been done before. It is intensely annoying (as well as expensive) to become aware after months of effort and investment that the protection sought is not allowable because the projected innovation has in fact been done before. Inventors are advised to do a patent search

How much does it cost for a patent?

Although the total Intellectual Property Office fees up to grant are only £200, there are other costs! Patent agents fees, renewal fees as well as the possible cost of enforcing your patent will add significantly to this initial cost. The Office grants patents. It does not make commercial judgements on those patents that are granted.

It could cost £31,000 to get patent protection across Europe; a simple dispute could cost over £200,000 if not resolved out of court. Any business needs to carefully consider these costs and the other options: sell the patent, or possibly licence the technology.

What is the key?

  • Is your technology new? Do a patent search.
  • If you make a public disclosure of your invention before filing your application will fail.
  • Are you looking for new technology? Do a patent search.
  • Is your new technology worth patenting? Consider costs/revenue.
  • Don’t forget licensing.
  • A UK patent will only give protection within the UK. If you trade outside the UK you should consider international protection.
  • You will need professional advice.
  • Patents could be just part of your IP strategy. You may also need to consider trade mark, design, or copyright protection.

Where to get help

For advice and events about protecting your inventions and conducting patent searches see the the UK Intellectual Patent Office website, Chartered Institute of Patent Agents and Institute of Trade Mark Attorneys at www.the-key.biz

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